Pavey v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 258

FEDERAL COURT OF AUSTRALIA

Pavey v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 258 Review of: Pavey and Minister for Home Affairs [2019] AATA 4198

File number: QUD 672 of 2019

Judge: COLLIER J

Date of judgment: 23 March 2021

Catchwords: MIGRATION – review of decision of Administrative Appeals Tribunal – where Tribunal determined not to revoke cancellation of applicant's visa – where visa cancelled mandatorily for applicant failing character test – s 501CA(4) Migration Act 1958 (Cth) – whether Tribunal considered adverse impact of decision on applicant's mother as part of family ties consideration – Direction No. 79 – whether Tribunal considered impediments to applicant upon return to his home country – whether Tribunal dealt with the case raised by the material or evidence before it – principles in NABE v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) (2004) 144 FCR 1, [2004] FCAFC 263 discussed – whether consideration of issue relevant to determination of case before the Tribunal – whether jurisdictional error

Legislation: Migration Act 1958 (Cth) – ss 501, 501CA Direction No. 79 – "Visa refusal and cancellation under s 501 and revocation of a mandatory cancellation of a visa under s501CA"

Cases cited: Ali v Minister for Home Affairs [2019] FCAFC 93 Collector of Customs v Pozzolanic (1993) 43 FCR 280; [1993] FCA 456 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; (2003) 77 ALJR 1088 FCFY v Minister for Home Affairs (No 2) [2019] FCA 1990 Minister for Immigration and Border Protection v Singh [2014] FCAFC Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6 NABE v Minister for Immigration & Multicultural & Indigenous Affairs (No 2) (2004) 144 FCR 1, [2004] FCAFC 263